Definition of Defect Sample Clauses

Definition of Defect. For the purpose of this Agreement, a "Defect" shall be defined as:
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Definition of Defect. For purposes of the Sales Contract and this Limited Warranty, a “Defect” is a feature, item, or component of the Unit or the Common Elements which fails to function or perform as intended in accordance with customary industry standards for such feature, item, or component as a result of "Faulty Materials or Workmanship." “Faulty Materials or Workmanship” means that the materials or workmanship either (a) fail to conform with the final as-built plans and specifications for the Unit or the Condominium, or (b) fail to comply with the applicable building codes regulating construction of the Unit or the Condominium as of the date of issuance of the applicable building permits. Buyer and Seller agree that the mere existence of “Faulty Materials or Workmanship” is not, in and of itself, a “Defect” and that a “Defect” only exists if such condition causes a feature, item or component of the Unit or the Common Elements to fail to function or perform as intended in accordance with customary industry standards for such feature, item, or component (such a feature, item, or component is sometimes referred to herein as a “Defective Item”). The parties agree that inspection approvals received from the applicable governmental authority(ies) with jurisdiction will constitute evidence of compliance with building codes.
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Definition of Defect. 9.1.1. Xentral represents and warrants that the Software shall operate without material Defect; provided, that a “Defect” in the Software is defined as a material deviation from the functions expressly described in the Software from the Documentation. 9.1.2. Faults and problems shall not constitute a Defect: a. to the extent the Customer uses the Software not as intended (Clause 4.3) or in an unlawful manner, or b. to the extent the Customer edits, reworks, translates or otherwise modifies the Software above and beyond the rights granted herein without Xentral's prior written consent, or c. to the extent the problems or faults are due to the Software being used with programs which are incompatible with the Software. 9.1.3. For a Defect, Xentral only accepts and offers warranty performance in so far as a Defect is proven or reproducible.
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Definition of Defect 
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Related to Definition of Defect

  • Addition of Definitions With respect to the Senior Notes only, Section 1.01 of the Base Indenture is amended to include the following definitions (which shall be deemed to arise in Section 1.01 in their proper alphabetical order):

  • Definition of Default The BUYER shall be deemed to be in default under this CONTRACT in the following cases: (a) If the first, second, third or fourth instalment is not paid to the BUILDER within the respective DUE DATE of such instalments; or (b) If the fifth instalment is not deposited in accordance with Article X.4.(a)(ii) hereof or if the said fifth instalment deposit is not released to the BUILDER against presentation by the BUILDER of a copy of the original PROTOCOL OF DELIVERY AND ACCEPTANCE; or (c) If the BUYER fails to take delivery of the VESSEL when the VESSEL is duly tendered for delivery by the BUILDER under the provisions of Article VII hereof; or (d) If an order or an effective resolution shall be passed for winding up of the BUYER (except for the purpose of reorganization, merger or amalgamation); or In case the BUYER is in default as set out in Paragraph 1 above, the BUILDER is entitled to and shall have the following rights, powers and remedies in addition to such other rights, powers and remedies as the BUILDER may have elsewhere in this CONTRACT and/or at law, at equity or otherwise.

  • Definition of the Terms “Business Day”, “Affiliate” and “Subsidiary”. For purposes of this Agreement, (a) “business day” means each Monday, Tuesday, Wednesday, Thursday or Friday that is not a day on which banking institutions in New York are generally authorized or obligated by law or executive order to close, and (b) “affiliate” and “subsidiary” have the meanings set forth in Rule 405 under the Securities Act.

  • Definition of Good Reason For purposes hereof, “Good Reason” shall mean:

  • Definition of Events of Default “Event of Default” means the occurrence of any of the following:

  • SECTION I - DEFINITIONS As used in this Agreement, the following terms shall have the meanings ascribed herein unless otherwise stated or reasonably required by the Agreement, and other forms of any defined words shall have a meaning parallel thereto.

  • Construction; Definitions Unless the context requires otherwise, the general provisions, rules of construction and definitions in the DGCL shall govern the construction of these bylaws. Without limiting the generality of this provision, the singular number includes the plural and the plural number includes the singular.

  • Transfer Definitions For purposes of this Article 7 “

  • Incorporation of defined terms (a) Unless a contrary indication appears, a term defined in the Original Facility Agreement has the same meaning in this Agreement. (b) The principles of construction set out in the Original Facility Agreement shall have effect as if set out in this Agreement.

  • Definition of Terms The following terms referred to in this Agreement shall have the following meanings:

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