DEFECTS LIABILITY AFTER COMPLETION Sample Clauses

DEFECTS LIABILITY AFTER COMPLETION. EXIT/TERMINATION 94 27.1 Liability for defects after Completion/Option to Exit/Termination 94 27.2 Retention of Gross Revenue 94 PART V OTHER PROVISIONS 95
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DEFECTS LIABILITY AFTER COMPLETION. EXIT/TERMINATION‌ 27.1 Liability for defects after Completion/Option to Exit/Termination‌ The Operator shall be responsible for all defects and deficiencies in the Project for a period of 1 (one) year after Completion/Option to Exit/Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Consultant in the Project upto the transfer date. In the event that the Operator fails to repair or rectify such defect or deficiency within a period as specified by the Independent Consultant, the Authority shall be entitled to get the same repaired or rectified at the Operator’s risk and cost so as to make the Project conform to the Maintenance Requirements. The Authority shall apportionate the costs incurred for such repairs from the Escrow Account. The Authority shall be entitled to invoke the Performance Security.
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DEFECTS LIABILITY AFTER COMPLETION. 45 28 VARIATION 48 29 VALUATION OF VARIATIONS 50 30 MEASUREMENT 51 31 COMPENSATION EVENT 53 32 COMPENSATION EVENTS PROCEDURE 55 33 CONSTRUCTION PLANT, TEMPORARY WORKS, MATERIALS AND GOODS 61 34 GENERAL RESPONSIBILITIES OF THE CONTRACTOR 63 35 INDEMNITY PROVISIONS 64
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DEFECTS LIABILITY AFTER COMPLETION. 47 27.1 Completion of Minor Outstanding Work and Remedying Defects 47 27.2 Cost of Completion of Minor Outstanding Works and Remedying Defects 47 27.3 Default in Remedying Defects 47 27.4 Diminution in Value of Works 47 27.5 Contractor to Search 48 27.6 Certificate of Making Good Defects 49 27.7 Liability at Law 49 28 VARIATION 50 28.1 Definition of Variation 43 28.2 Power to Order Variations 51 29 VALUATION OF VARIATIONS 52 29.1 Valuation Method 52 30 MEASUREMENT 53 30.1 Contractor to Attend Measurement 53 30.2 Contractor to Provide Assistance 53 30.3 Record of Measurements 53 30.4 Failure to Agree Measurements 54
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DEFECTS LIABILITY AFTER COMPLETION. 43 28 VARIATIONS 45 28.1 Power to Order Variations 45 29.1 Valuation Method 46 29.2 Agreement on Valuation 47 29.3 Inclusion of Variations in Interim Certificates 48 30.1 Contractor to Attend Measurement 48 30.2 Contractor to Provide Assistance 48 30.3 Record of Measurements 49 30.4 Failure to Agree Measurements 49
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Related to DEFECTS LIABILITY AFTER COMPLETION

  • Defects Liability 9.1 In this Contract, and subject to Clause 9.2, a defect shall mean any non-conformity of the Supplies with the express terms of this Contract resulting from circumstances existing in the Supplies at the time of the transfer of risk to the Customer (“Defects”). 9.2 In particular, the following shall not be Defects: a) normal wear and tear, non-conformity resulting from excessive strain, b) non-conformity resulting from faulty or negligent handling; non-compliance with instructions or recommendations in operation or maintenance manuals and other documents; c) installation, erection, modification, commissioning, or pre- commissioning, in each case not carried out by Siemens, d) non-reproducible software errors, e) defects which do not significantly impair the use of the respective Supplies. 9.3 The Customer shall immediately inspect the Supplies upon delivery and shall notify Siemens in writing of any Defects without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent defects if the Customer has failed to do so. Upon such written notification, Siemens shall, at its option, remedy a Defect by repair, replacement, or re-performance. Siemens shall be given a reasonable period of time and opportunity to remedy the Defect. For this purpose, the Customer shall grant Siemens working access to the non- conforming Supplies, shall undertake any necessary dis- assembly and re-assembly, and shall provide access to operation and maintenance data, all at no charge to Siemens. Upon Siemens’ request, the Customer shall ensure that the title to the replaced parts/items shall pass to Siemens. 9.4 Unless otherwise agreed, the defects liability period for any part of the Supplies is 12 months. It starts at the date of transfer of risk. For replaced or repaired parts of the Supplies, the defects liability period is 6 months from the date of replacement or repair, if the original defects liability period for the Supplies expires earlier. In any event, the defects liability period shall end no later than 24 months from the beginning of the original defects liability period. 9.5 If software is defective, Siemens shall only be obliged to provide the Customer with an updated version of the software in which the Defect has been remedied when such updated version is reasonably available from Siemens or, if Siemens is only licensee, from Siemens’ licensor. If the software has been modified or individually developed by Siemens, Siemens shall in addition provide the Customer with a workaround or other interim corrective solution until the provision of an updated version of the software, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be substantially impeded. 9.6 If Siemens carries out remedial work and it is ultimately not established that there was a Defect, the Customer shall pay Siemens for such remedial work including error diagnosis. 9.7 Any other liability of Siemens and any claims, rights and remedies of the Customer in case of defects of the Supplies shall be excluded except as expressly stipulated in this Clause 9 and – provided Siemens failed at least three times in remedying the defect – in Clause 15.2 b). All warranties, representations, conditions, and all other terms of any kind whatsoever implied by statute or law are, to the fullest extent permitted by applicable law, excluded from this Contract.

  • Defects Liability Period (i) The Contractor shall be responsible for all the Defects and deficiencies, except usual wear and tear in the Project Highway or any Section thereof, till the expiry of a period of commencing from the date of Completion Certificate (the “Defects Liability Period”) as specified below: (a) 5 (five) years from the date of completion in case of a road being constructed with flexible pavement; (b) 10 (ten) years from the date of completion in case of road being constructed with rigid pavement; (c) 10 (ten) years from the date of completion in case of road being constructed with flexible pavement using perpetual design; (d) 10 (ten) years from the date of completion in case of all stand-alone structures, e.

  • 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.

  • LIMITATION OF CONTRACTOR’S LIABILITY Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement.

  • General Liability and Property Damage With respect to all operations performed under this Agreement, the Party shall carry general liability insurance having all major divisions of coverage including, but not limited to:

  • Exceptions from Liability Without limiting the generality of any other provisions hereof, neither the Custodian nor any Domestic Subcustodian shall be under any duty or obligation to inquire into, nor be liable for:

  • BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the Contractor or the Contractor’s subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this contract. The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

  • Environmental Conditions A Phase I environmental site assessment (or update of a previous Phase I and or Phase II environmental site assessment) and, with respect to certain Mortgage Loans, a Phase II environmental site assessment (collectively, an “ESA”) meeting ASTM requirements conducted by a reputable environmental consultant in connection with such Mortgage Loan within 12 months prior to its origination date (or an update of a previous ESA was prepared), and such ESA (i) did not identify the existence of recognized environmental conditions (as such term is defined in ASTM E1527-13 or its successor, hereinafter “Environmental Condition”) at the related Mortgaged Property or the need for further investigation, or (ii) if the existence of an Environmental Condition or need for further investigation was indicated in any such ESA, then at least one of the following statements is true: (A) an amount reasonably estimated by a reputable environmental consultant to be sufficient to cover the estimated cost to cure any material noncompliance with applicable Environmental Laws or the Environmental Condition has been escrowed by the related Mortgagor and is held or controlled by the related Mortgagee; (B) if the only Environmental Condition relates to the presence of asbestos-containing materials, radon in indoor air, lead based paint or lead in drinking water, the only recommended action in the ESA is the institution of such a plan, an operations or maintenance plan has been required to be instituted by the related Mortgagor that can reasonably be expected to mitigate the identified risk; (C) the Environmental Condition identified in the related environmental report was remediated or abated in all material respects prior to the date hereof, and, if and as appropriate, a no further action or closure letter was obtained from the applicable governmental regulatory authority (or the environmental issue affecting the related Mortgaged Property was otherwise listed by such governmental authority as “closed” or a reputable environmental consultant has concluded that no further action is required); (D) an environmental policy or a lender’s pollution legal liability insurance policy that covers liability for the identified circumstance or condition was obtained from an insurer rated no less than “A-” (or the equivalent) by Xxxxx’x Investors Service, Inc., S&P Global Ratings, acting through Standard & Poor’s Financial Services LLC, Fitch Ratings, Inc. and/or A.M. Best Company; (E) a party not related to the Mortgagor was identified as the responsible party for such condition or circumstance and such responsible party has financial resources reasonably estimated to be adequate to address the situation; or (F) a party related to the Mortgagor having financial resources reasonably estimated to be adequate to address the situation is required to take action. To the Mortgage Loan Seller’s knowledge, except as set forth in the ESA, there is no Environmental Condition (as such term is defined in ASTM E1527-13 or its successor) at the related Mortgaged Property.

  • Extension of Defects Liability Period The Defects Liability Period shall be deemed to be extended till the identified Defects under Clause 17.2 have been remedied or rectified.

  • Product Warranty and Product Liability Schedule 5.17 of the Disclosure Schedule contains a true, correct and complete copy of Company's standard warranty or warranties for sales of Products (as defined below) and, except as stated therein, there are no warranties, commitments or obligations with respect to the return, repair or replacement of Products. Schedule 5.17 of the Disclosure Schedule contains a description of all product liability claims and similar claims, actions, litigation and other proceedings relating to Products which are presently pending or which to Company's knowledge are threatened, or which have been asserted or commenced against Company within the last two (2) years, in which a party thereto either requests injunctive relief (whether temporary or permanent) or alleges damages in excess of $100,000.00 (whether or not covered by insurance). To the best of the Company's knowledge, there are no defects in design, construction or manufacture of Products which would adversely affect performance or create an unusual risk of injury to persons or property. Except as set forth on Schedule 5.17, none of the Products has been the subject of any replacement, field fix, retrofit, modification or recall campaign other than in the ordinary course of business. The Products have been designed and manufactured so as to meet and comply with all governmental standards and specifications currently in effect, and have received all governmental approvals necessary to allow their sale and use. As used herein, the term "Products" means any and all products currently or at any time previously manufactured, distributed or sold by Company, or by any predecessor of Company under any brand name or xxxx under which products are or have been manufactured over the last three (3) years, distributed or sold by Company, in or through the Business.