Design Defect. Any deficiency in the design of the Stadium or in any component of Stadium that prevents the Stadium’s or such component’s use for its intended purpose, including, but not limited to, any errors, omissions or deficiencies in the Plans and Specifications for the Stadium (as defined in the CCA).
Design Defect. If, in the opinion of the CITY, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year following acceptance by the CITY of the improvements, and said design defect, in the opinion of the CITY, may substantially impair the public health and safety, DEVELOPER shall, upon order by the CITY, correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the CITY for the corrective work required.
Design Defect. The party that develops a Product shall indemnify, defend and hold harmless the other party and its officers, employees and agents and their respective successors, heirs and assigns (the "Design Defect Indemnitees"), against any liability, damage, loss or expense (including reasonable attorney's fees and expenses of litigation) incurred by or imposed upon the Design Defect Indemnitees or any one of them in connection with any claims, suits, actions, demands or judgment arising out of any theory of design defect (including, but not limited to, actions in the form of tort, warranty or strict liability) concerning such Product.
Design Defect a) A design defect, based on the number purchased from the contract, shall be defined as identical failures occurring within five years after delivery in at least five units or five percent, whichever is larger, of identical assemblies, subassemblies, or parts supplied. (Shall be based on the number delivered to the State of California).
b) Delivered goods shall be guaranteed by contractor against design defects for five years from date of acceptance. Upon written notification to and confirmation by contractor of design defects evidenced within the five-year guarantee period, contractor shall take prompt corrective action, at no cost to the State.
c) Whenever it is necessary for contractor to take corrective action of design defects, contractor shall take the same corrective action in all identical goods supplied.
d) All parts and materials used in corrective action for design defects shall be guaranteed by contractor against defects for one year from date of such corrective action.
Design Defect. Defect attributable to incompatibility, unsuitability or erroneous application of theory, drawings or formula.
