Design Defects Sample Clauses

Design Defects. Following delivery of any design Deliverables (“Design Deliverables”), ONTC shall review the drawings and notify the Consultant of Design Defects in the drawings that need to be corrected prior to the work on the Infrastructure Project commencing. Within 5 days of being advised of any Design Defects in the drawings, the Consultant shall commence and diligently pursue correction of the Design Defects and shall pay for such correction if such Design Defect is a result of Consultant’s failure to meet the Standard of Care in the performance of the Services.
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Design Defects. Developer shall cause the Architect Agreement(s) to include a provision requiring the Architect to perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. Developer shall ensure that the Architect Agreement(s) shall provide (a) that the Architect maintains not less than $5,000,000 in professional liability insurance to be maintained for five (5) years after the completion of the Architect’s services, (b) that any clause addressing a waiver of consequential damages will specifically except any damages covered by the insurance carried by the Architect, and (c) shall include an indemnification provision at least as favorable to the “Owner” thereunder as the provision attached hereto and made a part hereof as Exhibit G. Upon the execution of the Architect Agreement by and between Developer and Architect, Developer shall provide County (or County’s legal counsel) with a copy of such executed Architect Agreement (which may be redacted to exclude from disclosure the dollar amounts payable under such Architect Agreement that do not relate to the County Improvements) and, thereafter, shall promptly provide County (or County’s legal counsel) with copies of any amendments to the Architect Agreement.
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Design Defects. Subject to Section 61.3, the Concessionaire shall release, defend, indemnify and hold harmless the Indemnified Parties from and against any and all Claims in each case, if asserted or incurred by or awarded to any third party, relating to or resulting from errors in the Design Documents, including any errors which were included in the Basic Configuration or Reference Documents to the extent that a designer acting in accordance with the Concessionaire’s obligations under this Contract should have identified such errors. The Concessionaire agrees that, because the Basic Configuration and Reference Documents are subject to review and modification by the Concessionaire, it is appropriate for the Concessionaire to assume liability for errors in the completed Project even though they may be related to errors in the Basic Configuration or Reference Documents.
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Design Defects. Any defect of the Products caused by their faulty design or inaccurate or incomplete Product specifications;
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Design Defects. Lucent represents and warrants to Telstra, and must ensure, that each item of Equipment will during the Design Warranty Period be free from Design Defects.
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Design Defects. I-Labs warrants that the Website will conform to its design specifications in all material respects for a period extending ninety (90) days after its installation on the Internet.
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Design Defects. To the knowledge of ITT, there are no defects in the design of any of the products of the Business that could give rise to a claim for personal injury (including wrongful death) and/or property damage.
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Design Defects. Amedia warrants that each hardware or software component of each Product will be free from defects in design that cause the Product to not meet its specifications, for five years (one year for software) from the date a Product manufactured by Amedia is shipped to a customer during the Term.
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Design Defects. The Contractor shall fully defend, indemnify and hold harmless the Indemnified Persons from any and all third party claims, demands, causes of action, damages, losses, and expenses (including attorney's fees) of whatsoever nature, character, or description arising out of or related to errors, omissions, inconsistencies, inaccuracies, deficiencies or other defects in the design documents furnished by the Contractor, regardless of whether such errors, omissions, inconsistencies, inaccuracies, deficiencies or other defects were also included in the Directive Drawings, Preliminary Design or other Reference Documents. The Contractor agrees that, because the Directive Drawings, Preliminary Design and other Reference Documents are preliminary and conceptual in nature and are subject to review and modification by the Contractor, such documents shall not be deemed "design furnished" by the Authority or any of the other Indemnified Persons, as the term "design furnished" is used in Civil Code Section 2782. The Contractor hereby waives the benefit (if any) of Civil Code Section 2782 and agrees that this clause constitutes an agreement governed by Civil Code Section 2782.5.
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Related to Design Defects

  • 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.

  • 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.

  • REMEDY OF DEFECTS (a) The BUILDER shall remedy, at its expense, any Defect against which the VESSEL is guaranteed under this Article, by making all necessary repairs or replacements at the Shipyard.

  • Defects a. The Customer shall inspect the Goods upon delivery and will, within 48 hours, notify the Company of any defects, short deliveries or any failure to fulfill any quotation or order.

  • Notice of Defects If, based on Consulting Engineer/Architect's involvement during the construction phase, Consulting Engineer/Architect observes or otherwise becomes aware of any defect in the work, he shall give prompt written notice to City of such defects and their approximate location on the Project. However, Consulting Engineer/Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions, inspections and programs in connection with the work, since these are solely the Contractor's responsibility under the contract for construction. Consulting Engineer/Architect shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents. Consulting Engineer/Architect shall not have control over or charge of acts or omissions of the Contractor, Contractor's subcontractors, or their agents or employees.

  • Title Defects If: (i) the Title Commitment reflects any exceptions to title which are not acceptable to Buyer, in Buyer’s sole discretion; (ii) the Survey discloses any state of fact not acceptable to Buyer, in Buyer’s sole discretion; or (iii) at any time prior to the Closing, title to the Property is encumbered by any exception to title not acceptable to Buyer, in Buyer’s sole discretion (with any such exception or unacceptable state of fact being referred to herein as a “Title Defect”); then Buyer may, on or before the Satisfaction Date (or, in the case of a Title Defect not disclosed by the Title Commitment prior to the Satisfaction Date, within fifteen (15) days after Buyer receives notice of such Title Defect), provide Seller with written notice of such Title Defect. Seller shall have the right, but not the obligation (except as specifically set forth below), during the thirty (30) day period after receipt of such notice, but not later than the Closing, to remove such Title Defect or obtain affirmative title insurance coverage acceptable to Buyer, insuring and defending Buyer against any loss, cost, or expense arising out of or related to such Title Defect (“Affirmative Coverage”). If Seller elects to do so, then on or before the Closing Date (as defined below), Seller shall provide Buyer with reasonable evidence of such removal or provide reasonable evidence that such Title Defect will be removed or that such Affirmative Coverage will be obtained. Notwithstanding anything contained herein to the contrary, Seller shall be obligated to expend whatever sums are required to cure or obtain Affirmative Coverage for the following Title Defects prior to, or at, the Closing:

  • Product Warranty Seller provides general warranties of fitness and general warranties that the goods are free from defects, for 1 year from acceptance of the goods, except as may otherwise be set forth in the Description/Proposal, or other attached warranty.

  • Construction Warranty At the Closing, Seller shall assign to Buyer all construction warranties with respect to the Hotel, which assignment shall be in form and substance reasonably satisfactory to Buyer, including a warranty by the Contractor, for the period ending not sooner than one (1) year after the date the Hotel is Substantially Completed, in the form of the warranty attached hereto as Exhibit H (the “Construction Warranty”).

  • Environmental Defects For purposes of this Agreement, the term “Environmental Defect” means, with respect to any given Asset, an individual environmental condition identified with specificity in Buyer’s Environmental Review that constitutes a material violation of Environmental Laws in effect as of the date of this Agreement in the jurisdiction in which the affected Asset is located, excluding, however any environmental conditions deemed not to be Environmental Defects by application of Section 5.04(c).

  • Punchlist Upon completion of the Performance Tests and prior to Substantial Completion of a Subproject, Owner and Contractor shall inspect the Subproject, and Contractor shall prepare a proposed Punchlist of items identified as needing to be completed or corrected as a result of such inspection. Contractor shall promptly provide the proposed Punchlist to Owner for its review, together with an estimate of the time and cost necessary to complete or correct each Punchlist item. Contractor shall add to the proposed Punchlist any Punchlist items that are identified by Owner within ten (10) Days after Owner’s receipt of the proposed Punchlist from Contractor, and Contractor shall immediately initiate measures to complete or correct, as appropriate, any item on Contractor’s proposed Punchlist (including those items identified by Owner during Owner’s review) that are not of a Punchlist nature. Notwithstanding anything to the contrary in this Agreement, Contractor and Owner are not required as a condition of Substantial Completion of a Subproject to agree upon and identify every Punchlist item and include it on the Punchlist, but Contractor is required to complete as a condition of Substantial Completion of such Subproject that does not meet the definition of Punchlist as provided in Section 1.1. In the event of a dispute regarding whether a specific item of Work meets the definition of Punchlist under Section 1.1, the Parties shall resolve such dispute in accordance with Section 18.1A. Owner shall provide Contractor with access to the Work after Substantial Completion of a Subproject sufficient to enable Contractor to complete all Punchlist items, so long as such access does not unreasonably interfere with operation of a Subproject after Substantial Completion of the Subproject or the Existing Facility and subject to any reasonable security or safety requirements of Owner. Upon Contractor’s completion or correction of any items necessary to achieve Substantial Completion of a Subproject, as modified by any Owner additions, such Punchlist shall govern Contractor’s performance of the Punchlist items up to Final Completion. All Work on the Punchlist shall be completed by the date required for Final Completion, as specified in Section 5.3C, or Owner may, in addition to any other rights that it may have under this Agreement, complete such Punchlist Work at the expense of Contractor. In the event Owner elects to complete such Punchlist Work, Contractor shall pay Owner, within ten (10) Days after receipt of written notice from Owner, all reasonable costs and expenses incurred by Owner in performing such Punchlist Work, or, at Owner’s sole discretion, Owner may withhold or offset amounts owed to Contractor or collect on the Letter of Credit in accordance with Section 7.8 in the amount of such costs and expenses. Any Defective Work identified after agreement between the Parties of the Punchlist shall be corrected by Contractor as a Warranty item under Article 12.

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